Navigating the United States immigration system can be confusing, especially when a U.S. citizen is attempting to sponsor someone to enter the country as an immigrant. As part of the process, you will have to fill out an Affidavit of Support or I-864 in which you promise to be able to provide financial support for the immigrant so they do not become an economic burden to the country. For your sponsorship to be successful, you will have to be willing to commit to financially supporting the immigrant for a period of time and you will have to meet specific income requirements, usually 125 % of the federal poverty guidelines, based on household size. For active military personnel, the requirement is reduced to 100% of the federal poverty guidelines if the immigrant you are sponsoring is your spouse or child.
Dealing with the Form I-864 can be complicated, as there are strict legal requirements and it involves gathering documentation such as tax returns, W-2 forms, and pay stubs that show you have the ability to support the immigrant. Making mistakes can cause delays or denial of the application, and you should fully understand the obligations and financial responsibility you are taking on.
An experienced immigration lawyer can help by examining your individual situation, explaining the legal ramifications of sponsorship, determining whether you meet income requirements, examining alternatives, and ensuring that the Affidavit of Support is filled out correctly and completely to reduce the risk of delays or denials.
Understanding Affidavits of Support and Poverty Guidelines
The Affidavit of Support is a document (Form I-864, Affidavit of Support under Section 213A of the INA), where someone (usually a relative) becomes a sponsor and officially takes responsibility for an immigrant to the United States. Sponsorship can also be employment-based in situations where a U.S. citizen or permanent resident relative files the immigrant visa petition for a family member coming to the U.S. to work for a relative or for a company in which the relative owns at least a 5% interest.
Sponsors promise to provide financial support, which means covering the immigrant’s basic living expenses, including housing, food, transportation, and medical care. These economic responsibilities can be significant, especially if unexpected serious illnesses arise. Also, if something goes wrong and the immigrant applies for government assistance, the sponsor can be faced with repaying the cost of those benefits to the agency that provided them. This obligation extends to being financially responsible for any dependents the immigrant may bring with them.
Sponsor responsibility normally continues until the immigrant either becomes a U.S. citizen or can be credited with 40 quarters of work, something that usually takes ten years. Responsibility also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.
Income Requirements for the Affidavit of Support
All family-based sponsors must submit the Form I-864 affidavit of support, regardless of the education, employment, or personal wealth of the sponsored individual. To see if you are above the poverty level, see Form I-864P, HHS Poverty Guidelines for Affidavit of Support.
To be a sponsor, you must also be at least 18 years old and a U.S. citizen or a permanent resident and meet certain income requirements.
- Household income must be equal to or more than 125% of the U.S. poverty level for the household size (which would include the sponsor, dependents, any relatives living with him or her, and the immigrant being sponsored).
- If on active duty with the military and the immigrant being sponsored is the service member’s spouse or child, the income level needs to equal 100% of the U.S. poverty level for the household size.
What if I Don’t Meet the Minimum Requirements?
If a sponsor does not meet the minimum income requirements, there are additional ways of meeting the requirement:
- The income of related household members living with the sponsor for at least the last 6 months, such as spouses, children, or other relatives, can be used to help meet financial obligations. The other household member will need to complete a special form called the I-864A (officially called the “Contract Between Sponsor and Household Member”) and show their willingness to financially support the immigrant.
- You may get the help of a secondary co-sponsor — commonly known as a “joint sponsor” — a person who does not live in the sponsor’s household and is willing to accept full financial responsibility for the relative seeking the green card. The co-sponsor must submit their own Affidavit of Support (Form I-864) and must meet the above income requirements all on their own — the sponsor and joint sponsor can’t combine incomes to meet the income requirement.
- If you cannot meet the minimum income requirements using your earned income, you have the option of adding the cash value of your assets, including savings accounts, stocks, bonds, and property. The amount of assets required to qualify is generally five times the difference between your household income and the 125% minimum income requirement
Required Documentation for an Affidavit of Support
In addition to the completed I-864 form, sponsors are required to provide a copy of the U.S. federal income tax return for the most recent tax year, in addition to proof of employment such as Form 1040, W-2 forms, and pay stubs. In addition, the sponsor must show proof of citizenship or lawful permanent residence — U.S. passport, naturalization certificate, or green card — to verify their status.
After the Affidavit of Support is filled out, the required documents have been gathered, and the affidavit notarized in the U.S. or before a U.S. consular or immigration officer, the sponsor should send this material to the relative to submit for permanent resident status.
Get Help with Affidavits of Support and All Immigration Issues
The processing time for Form I-864 is currently close to a year, but it varies depending on the circumstances and how long your green card application takes to be approved. Making mistakes can extend this time or cause the application to be denied.
The experienced immigration lawyers at Carman Fullerton in Lexington, Kentucky, can expedite the process by examining your individual situation and making sure forms are filled out, all required documents are submitted in a timely manner and handling any problems that may arise. Attorneys Kirby Fullerton and Dan Carman have many years of experience representing clients involved in immigration cases. Our compassionate staff and attorneys speak Spanish and accommodate speakers of other languages as well.
Call us today to get started so we can help ensure that your application will be successful and processed in the shortest time possible.
GET STARTED NOW. CALL 859-971-0060
Attorney Kirby J. Fullerton
Mr. Fullerton’s practice is focused on immigration law. He speaks Spanish, and represents clients in cases before the immigration courts and the Board of Immigration Appeals. He began his career practicing criminal defense, and understands how matters in criminal courts can affect a client’s immigration status. [Attorney Bio]
